Finland’s approach to dealing with instrumentalised migration is raising concerns due to the far-reaching provisions of a new law passed by the government. The European Commission president commended Finland’s security measures amidst concerns over Russia’s influence on the region. The law was pushed after an influx of migrants at the border, believed to be orchestrated by the Kremlin to sow chaos in the country. The new law allows border guards to stop asylum seekers from entering the territory in exceptional situations of instrumentalisation.
The law faced criticism as many experts and organizations viewed it as a breach of European and international norms. Despite the opposition, the law passed in the Finnish parliament and is now in effect, waiting to be activated during border emergencies. The legislation allows border guards to prevent the entry of asylum seekers in situations of national security threat and instrumentalisation by a foreign country. Asylum claims will be refused unless specific conditions are met, leading to concerns of pushback practices.
The law has been met with intense criticism for potentially violating international principles such as non-refoulement and the prohibition of collective expulsions. Critics argue that the law creates a dangerous precedent for eroding refugee rights globally. The Finnish Refugee Council has expressed concerns about the burden placed on border guards and the risky responsibility they will have to undertake during border emergencies. The lack of appeal and access to effective remedies further complicates the situation.
Legal experts, including Martti Koskenniemi, have pointed out the contradictions and challenges posed by the new law. While a state of emergency could have been declared to grant border guards more authority, the government chose to make exceptions to the Constitution, raising concerns about the violation of legal propriety and international human rights obligations. The European Commission, responsible for ensuring EU norms are followed, has remained silent on the matter, prompting questions about political considerations influencing decision-making.
In contrast, the European Commission’s migration and asylum policy reform does not include provisions for automatic rejection of asylum applications or pushback practices. The Crisis Regulation under the reform aims to provide member states with additional time to register and examine asylum claims, while ensuring effective access to the international protection procedure. The reform highlights the importance of protecting external borders while upholding fundamental rights and international obligations.
